A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From the front side of the Busan Dong-gu D market, the Defendant sold old day (i.e., “F.,” hereinafter) to the street store using freight cars.

On July 1, 2012, the Defendant: (a) around the house of the Victim F (62, n, 62) located in Busan Dong-gu, Busan; and (b) around July 1, 2012, the Defendant came to know of the introduction of G, a branch of G, “The husband’s purchase of heavy equipment is insufficient, and the husband’s payment is soon possible if he borrowed KRW 10 million.

“.......”

However, at the time of fact, the Defendant borrowed money for the number of days of interest in the street store with the increase of the debt, thereby making it impossible to repay the monthly income of KRW 3 million due to the street store, and the fact that the Defendant borrowed money again from the other former owners to the previous creditors in the name of "free to repay a part of the principal and interest," and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the injured party as a loan, from him/her, from him/her, and obtained from October 12, 2015, a total of KRW 85 million from 34 times to 34 times, such as the list of crimes in the annexed crime list, and acquired it by deceiving him/her as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Application of each loan certificate, each pawned loan transaction contract, one copy of the details of bank transactions, and the Acts and subordinate statutes governing installments payments;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (which has no record of committing the same type of crime, and is agreed with the victim, taking into account that the victim is not subject to the punishment of the defendant) [the scope of the recommended sentence] of the mitigation area (one month or one year from January to one year), the mitigation area (the person who has been specially mitigated) [the person who has been subject to punishment] of the mitigation area, or where considerable damage was restored to the victim.